Mutual Assistance in Criminal Matters Order, 2005 · As enacted · Part · Requests to Brunei Darussalam
Section 29
Official textFrom Attorney General's Chambers, unchanged
Where a request is made by a foreign country that any document, article or other thing in Brunei Darussalam be produced for the purposes of any criminal matter in that country, the Attorney General or any person duly appointed by him may apply to the court for an order under subsection (2).
criminal matter
"criminal matter" includes a criminal investigation, any criminal proceeding and an ancillary criminal matter;
If, on such an application, the court is satisfied that the production of the document, article or other thing is necessary or desirable for the purposes of the criminal matter to which the application relates, it may make an order that the person who appears to the court to be in possession of that document, article or other thing shall -
produce it to an authorised officer for him to take away; or
give an authorised officer access to it, within 7 days of the date of the order or such other period as the court may consider appropriate.
In this section, the documents, articles or other things -
shall include copies of Government records, documents or information which under the law of Brunei Darussalam are available to the general public;
may include, at the Attorney General's discretion, in whole, in part or subject to conditions, copies of any Government records, documents or information which under the law of Brunei Darussalam are not available to the general public; and
may include, at the court's discretion, items subject to legal privilege.
The proceedings referred to in subsection (2) may be conducted in the presence or absence of the person to whom the criminal proceedings in the foreign country relates or of his legal representative (if any).
criminal proceedings
"criminal proceedings" means a trial of a person for any offence, and includes any proceedings to determine whether a particular person should be tried for any offence and any proceedings in respect of an ancillary criminal matter;
The court shall record any objection that the person required to produce any document, article or other thing could not be compelled to produce such document, article or thing for the purposes of any criminal matter in that foreign country, but shall not rule on the matter.
The proceedings referred to in subsection (2) shall be heard in camera.
Special provisions regarding documents etc. in the possession of financial institution.
financial institution
"financial institution" means - (a) a bank licensed under the Banking Act; (b) a bank licensed under the Islamic Banking Act; (c) a company licensed under the Finance Companies Act; (d) a bank licensed under the International Banking Order, 2000 (S 53/00); (e) the Perbadanan Tabung Amanah Islam Brunei established by subsection (1) of section 3 of the Perbadanan Tabung Amanah Islam Brunei Act; (fl a person carrying on money-changing or remittance business under a licence granted under the Money-Changing and Remittance Businesses Act; (g) a registered moneylender under the Moneylenders Act; or (h) any person designated by the Minister by notification in the Gazette; ''foreign country" means any country or territory outside Brunei Darussalam.
Terms defined in s 2
criminal matter
Defined · s 2"criminal matter" includes a criminal investigation, any criminal proceeding and an ancillary criminal matter;
criminal proceedings
Defined · s 2"criminal proceedings" means a trial of a person for any offence, and includes any proceedings to determine whether a particular person should be tried for any offence and any proceedings in respect of an ancillary criminal matter;
financial institution
Defined · s 2"financial institution" means - (a) a bank licensed under the Banking Act; (b) a bank licensed under the Islamic Banking Act; (c) a company licensed under the Finance Companies Act; (d) a bank licensed under the International Banking Order, 2000 (S 53/00); (e) the Perbadanan Tabung Amanah Islam Brunei established by subsection (1) of section 3 of the Perbadanan Tabung Amanah Islam Brunei Act; (fl a person carrying on money-changing or remittance business under a licence granted under the Money-Changing and Remittance Businesses Act; (g) a registered moneylender under the Moneylenders Act; or (h) any person designated by the Minister by notification in the Gazette; ''foreign country" means any country or territory outside Brunei Darussalam.
items subject to legal privilege
Defined · s 2"items subject to legal privilege" means - (a) a communication between an advocate and solicitor and his client or any person representing his client made in connection with the giving of legal advice to that client; (b) a communication between an advocate and solicitor and his client or any person representing his client, or between such an advocate and solicitor or his client or any such representative and any other persons, made in connection with or in contemplation of judicial proceedings and for the purposes of such proceedings; and (c) items enclosed with or referred to in any such communication and made - (i) in connection with the giving of legal advice; or (ii) in connection with or in contemplation of judicial proceedings and for the purposes of such proceedings, when they are in possession of a person who is entitled to possession of them, but excluding in any case any communication or item held with the intention of furthering a criminal purpose;